Fitness student wins fees case
Company demanded money even after it folded
Afitness student being chased for thousands of dollars for an online course run by a company that went into liquidation has won her Disputes Tribunal hearing.
Sheree Roose is one of more than 100 students being pursued by Fitlink NZ, which demanded fees even after the company folded in October last year and lost its industry accreditation.
Months of stress, including debt collectors at the door, ended this month when the tribunal ruled Roose did not have to pay the remainder of her fees — about $2200.
Roose said anyone in the same position should take their case to the tribunal because she thought they would get a similar result.
A Fitlink representative threatened legal action following questions from the Herald about the decision.
The Tauranga mother of three decided to pursue fitness as a career when her baby daughter, who has since died, was sick in hospital with leukaemia in 2012.
Roose was paying the $2500 course fees to Fitlink at the rate of $20 a week after starting about the middle of last year.
“I was halfway through when everything went sour,” she told the Herald.
She was unable to contact her tutor and started getting emails saying Fitlink was “going bust” and she should study elsewhere.
After having trouble getting a straight answer from Fitlink staff about what was going on, Roose decided to stop attending the course.
She later found out it had lost its accreditation with the New Zealand Register of Exercise Professionals (REPs).
Major employers such as Les Mills will not hire personal trainers unless they are recognised by REPs, a spokeswoman for the fitness chain has confirmed.
Roose stopped paying and thought that was the end of things — until her course payments started being demanded again in January.
Fitlink’s owners, Tim Boman and Angela Eluik, had set up a new company with the same name and started charging Roose and other students using a different direct debit company.
Months of wrangling followed, with Roose adamant she shouldn’t have to pay.
“Debt collection started getting in touch with me, chasing me for the remainder of the fees,” she said.
Finally, Roose took a claim against Fitlink to the Disputes Tribunal, asking for the $300 she had paid in fees so far to be repaid.
On October 2 a tribunal referee ruled that Roose had no contract with Fitlink 2, the new iteration of Fitlink NZ.
The company’s counterclaim that she must pay the remainder of her fees as well as costs associated with her outstanding debt was therefore dismissed.
Referee C. Murphy also found Roose was entitled to the $41 Fitlink 2 had deducted from her account, but said as Fitlink 1 was in liquidation the tribunal did not have the jurisdiction to order the company to pay Roose back her $300.
“I’m so glad it’s over,” a relieved Roose said.
“I’m hoping people go down that track if they need to.”
A Fitlink representative responded to a request for comment on the decision via email.
“The function of the disputes tribunal is to resolve a dispute between two parties in a fair way,” the company said.
“Each case Fitlink is dealing with is unique.”